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Capital Increase

Priya Sharma (Company Secretary & Student.MBA) (998 Points)

29 January 2011

Dear All

I know this is veryu genral but I am a bit Confused

In a PvtCo. the authorised capital has to be increased. But there is no need to amend the AOA only MOA has to be altered.

My query is whether we need to file form 23 also along with form 4.

My interpretation says that only when AOA is altered by passing a special resolution,then only we need to file form 23, otherwise filing of form 5 with ROC would suffice the regsitration of amended moa .

Please suggest

Regards

Priya

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3 Replies

Aman Jain (Company Secretary in Practice) (165 Points)
Replied 29 January 2011

Dear Priya ji,

Only form 23 & form 5 are suffice in your condition.

with warm regards,

Aman Kumar Jain

LL.B., M.Com, ACS

AMAN JAIN & ASSOCIATES,
COMPANY SECRETARIES
B-15, SECOND FLOOR,
LAJPAT NAGAR-I,
NEW DELHI-110024
Mob. No. +91.97174.900.58
+91.93137.82.760

HARDIK (COMPANY SECRETARY NCFM (Corporate Governance )) (664 Points)
Replied 29 January 2011

Hi In your case If your article permits you can increase authorise capital by passing ordinary resolution no need to file form 23 only form 5 will suffice. In other case you have to file both form 23 and 5.